On May 29, 2015, the Secretary of State rescinded Cuba’s designation as a State Sponsor of Terrorism. This development unfolds in the wake of President Obama’s December 2014 announcement to improve relations with Cuba, when the President first directed the Secretary of State to review Cuba’s designation as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (EAA), Public Law 96-72, as amended (50 U.S.C. App. 2405). In April 2015, the Secretary of State concluded that Cuba should be removed from the list of State Sponsors of Terrorism, and the President submitted the required report to Congress. Congress had 45 days to act and, because it did not, Cuba’s designation as a State Sponsor of Terrorism under section 6(j) of the EAA has now been rescinded. Notably, while the rescission of Cuba’s designation as State Sponsor of Terrorism represents an important symbolic and diplomatic move, it has not yet resulted in practical changes to the current regulations restricting U.S. trade with Cuba.

Cuba was first designated in 1982 when, according to a senior administration official, it endeavored “to promote revolution around the Hemisphere.” The Official noted that things have since changed, and that the Administration “felt that it was time to make this recommendation based on the particular criteria of the law and the assurances that we have gotten from the Cuban Government.” The decision to revoke Cuba’s designation reflects the State Department’s “assessment that Cuba meets the statutory criteria for rescission.” The State Department noted that “[w]hile the United States has significant concerns and disagreements with a wide range of Cuba’s policies and actions, these fall outside the criteria relevant to the rescission of a State Sponsor of Terrorism designation.”